Commonwealth, Department of Motor Vehicles v. Athey

SENIOR JUSTICE WHITING

delivered the opinion of the Court.

In this appeal, we consider whether the operator of a daily cruising service is required to obtain a certificate of public convenience and necessity as a “sight-seeing carrier by boat” pursuant to Code § 46.2-2607.

Warner Athey owns a boat that he operates in the Chesapeake Bay and Atlantic Ocean to transport paying passengers on daily cruises that Athey advertises as “Adventure Cruises.” These cruises begin and end in Lynnhaven Inlet in the City of Virginia Beach. Athey advertises his cruises as “Adventure Cruises” and does not mention…